My boss is frustrating my efforts to leave
Dear Jane,
I had been working for a digital company for a year when, our salaries were slashed without explanation in January. By the end of March, no employee had received their salary, something they attributed to the Covid-19 pandemic. The same thing happened in April. I got another job, but my employers are frustrating my efforts to leave. What options do I have? Phiona.
Dear Phiona,
I wonder why your company slashed your salaries in January without issuing any formal communication. Your managers should have explained their reasons for effecting the salary cut, and revealed how much each employee was bound to lose.
This amount should be calculated in percentage form and should depend on individuals’ salaries to ensure equity. They should also have held a consultative session to allow employees to ask questions.
Pay severance fee
You and your colleagues also needed to consent to the salary cut in writing because you are accepting different terms from the ones stipulated in your contract. If this was not done, then there was a clear breach of labour laws.
If an organisation is unable to pay its employees’ salaries, they should first communicate to their workers, and then find ways of mitigating things such as sending workers on unpaid leave.
If this doesn’t work, the company could proceed to terminate the employees’ contracts through redundancies, and then pay the applicable severance fee. It is unfair to expect employees to work without pay.
Don’t lose a good opportunity as you fight with your former employer. Ask the new one to allow you to start work on a later date so that you can have time to settle things at your former workplace.
Pay final dues
If your former employers are unable to pay your final dues immediately, get a written note indicating the amount owed to you and the schedule of payment.
Do not waste energy on an employer who is unable to meet his obligations. However, do your research to avoid jumping from the frying pan and into the fire.
If you fail to come to an agreement with your former employer, seek arbitration from the Ministry of Labour.
Jane Muiruri,
Senior HR Manager,
Nation Media Group
[email protected]
